Cops Reflect on Stop-and-Frisk Pressures, Racial Profiling
With stop-and-frisk an increasingly hot topic in the news lately -- and an important battleground for the 2013 mayoral hopefuls trying to secure minority votes -- we thought we'd bring you some reflections on the policy and its implementation from some New York Police Department officers who actually conduct the stops.
We interviewed a handful of active and retired cops and law enforcement officials who talked about the politics around stop-and-frisk inside police precincts, and why it's unsurprising to some of them that the practice reaches black and Latino off-duty or undercover officers.
The NYPD did not respond to requests for comment for this story, but when the Voice asked about stop-and-frisk last week, Mayor Mike Bloomberg said what he's always said: Police stops take illegal guns off of the street and save thousands of lives. He said the practice is legal and a necessary crime-fighting tool that he refuses to alter in any significant way. Critics of the policy, however, maintain that nine out of ten who are stopped aren't actually arrested or ticketed (meaning they're innocent), and that most are young men of color, concentrated in poorer neighborhoods in upper Manhattan and parts of the outer boroughs.
Below are some excerpts that didn't make it into our print story from a few of the former and current cops we interviewed. Most said that there is great internal pressure to conduct stops -- often in the form of direct quotas -- and that this pressure forces cops to stop individuals without having any justifiable suspicions, which makes the practice unconstitutional and forces officers to lie on paperwork.
Noel Leader, 53, a co-founder of 100 Blacks in Law Enforcement Who Care, retired sergeant who worked for the NYPD for more than two decades:
"The problem with stop-and-frisk as it's being conducted today, is that officers are engaged in illegal stop-and-frisks...What's happening now under Police Commissioner [Ray] Kelly is that he's demanding officers conduct stops, even if they don't have a justifiable level of suspicion or the legal level of suspicion," he said.
"Because they are under pressure, in order to fill quotas, they are stopping innocent individauls randomly," he added.
Leader said this becomes a big problem with overtime shifts -- which are highly coveted for the extra pay. Higher-ups, he said, will give out overtime shifts to cops with the expectation that they will finish the day with a certain number of stop-and-frisks logged, depending on the borough and location of the precinct. "That's the condition of doing overtime...and officers enjoy this overtime. They love overtime."
Ultimately, he said, the bottom line is that random stops are illegal, even if they are stopping crime once in awhile. "The end doesn't justify the means if it's illegal...You don't fight crime by committing crime...You can't just throw away the laws, so that cops can stop anybody at anytime...If they stop a hundred black people, one person's going to have a gun, two people might have a bag of weed on them. It's called fishing. There's no justification to stop these people...If you do an illegal stop and illegal search, that means you have to justify it. Now you have to create a story to justify it...It's perjury. You have officers ... [lying] by the hundreds of thousands to justify illegal activity."
Leader, who says he himself has been stopped a dozen times or so over the last decade, added, "A lot of officers don't like doing this. They are being forced to do it...We are being ordered to violate people's rights."
He said that the pressure comes from Kelly and his crime tracking system called CompStat. That pressure trickles down to borough chiefs and commanding officers. He said that there are often punishments for not conducting enough stops, such as losing a promotion or getting a bad assignment.
NYPD officer in Queens, lives in upper Manhattan, in his 30s, is black, and has been on the job for around 8 years:
"I do agree with stop-and-frisk, but only in certain aspects. The reason behind it is to deter crime. You have to have probable cause when you stop someone...maybe someone's about to commit a crime or looks like they are doing something illegal," he said. "But you have to have that probable cause, because when you stop someone, you are prohibiting their civil liberties."
He said that they may get calls on their radio of a suspect with a very specific description, and if they see someone who closely matches the description, they will stop them. If he's wrong, the officer told the Voice, he'll apologize and move on.
He said that cops who walk the streets -- as opposed to the ones who respond to 911 calls and emergency situations radioed in throughout the day -- are the ones who really face the pressures to conduct a certain number of stop-and-frisks. When he was a newer cop, the pressure was greater, he added.
"Certain supervisors will put pressures on lower supervisors. What are you doing to solve those issues and bring down crime? Pressure goes down to the sergeant. ...When you're new, they'll just come out and pressure you and say we need a couple from you a month. They'll say, 'Listen, you can't be coming in with zero.'"
He remembered going a month without seeing any illegal activity and thus not conducting any stop-and-frisks. "I remember [talking to] a supervisor who got upset and said, 'You didn't give me any [stop-and-frisks] for the month.' I told him I didn't see a reason to. And the guy kind of tore into me."
He said plainclothes cops who walk the streets may be pressured to log ten or so stops a month. "It's not that easy to drive around and always see something that might be unlawful...Then they have to fabricate a reason. That's when it becomes an issue. A lot of these guys are minorities they are stopping...who have no idea that the police officers are stopping them for no reason."
"Do they profile? Yeah, they will profile. If they see a male black or male Hispanic driving around a car, sometimes they'll stop them...It's frustrated me a lot of the time...Us uniform officers are the backbone of the NYPD, and we are leaned on so hard to do so much. People have no idea how much pressure is put on us," he said.